A reform of the tax code that would have
attracted foreign companies in the British oversea territory of
Gibraltar was struck down Tuesday by the Court of Justice of the
European Union.
"The proposed tax reform constitutes a scheme of state aid which
(Britain) is not authorized to implement," the Luxembourg-based court
said in a statement after it ruled on the matter.
The scheme linked corporate tax to the amount of land occupied and
the number of people employed -- essentially freeing companies with no
physical presence in Gibraltar from the obligation of paying any tax
at all.
It also limited corporate taxes to 15 percent of profits and
exempted nonprofitable companies from any tax obligations.
The European Commission rejected the tax scheme in 2004, but
British and Gibraltar authorities successfully appealed to the E.U.
Court of First Instance, which reversed the commission's findings in
2008.
Tuesday's ruling overturned that and confirmed the commission's
original decision. The verdict also represented a victory for Spain,
which had appealed against the 2008 ruling alongside the E.U.
executive.
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E.U. Court Rejects Gibraltar Tax Reform Favoring Offshore Companies
Nov. 15, 2011
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Source: Copyright 2011 dpa Deutsche Presse-Agentur GmbH
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